Svidlow v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Wichita. Tried below before the Honorable Guy Rogers. Appeal from a conviction of aggravated assault; penalty, a fine of $100. The opinion states the case. On question of deadly weapon: Danforth v. State, 69 S. W. Rep., 159; Tolston v. State, 225 id., 1098, and cases cited in opinion.
1Opinion
ON REHEARING.
January 11, 1922.
LATTIMORE, Judge.
In Hardin v. State, 51 Texas Crim. Rep., 562, we said: “A doctor can say whether an instrument of a certain length and size that had inflicted a certain wound, would be a deadly weapon.” The Tolston case, 88 Texas Crim. Rep., 269, 225 S. W. Rep., 1098, is not in point. The question there held objectionable, involved numerous matters of pure conjecture upon which it seemed impossible that an expert could have any knowledge, which do not here appear. The verdict in the instant case may have been based on the infliction of serious bodily injury, and…
2Cases cited2 opinions
- Hardin v. StateCourt of Criminal Appeals of Texas · 1907
- Tolston v. StateCourt of Criminal Appeals of Texas · 1920